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Posted (edited)

In my personal local opinion, Austin Wolf was someone you didn't personally associate with (obviously beyond a working relationship), and if you did, it said something about you. His presence was THAT weird. As a regular person, I wouldn't feel comfortable partying with him in any capacity.

Edited by BodeBrentwood
Posted (edited)
34 minutes ago, Beancounter said:

https://str8upgayporn.com/austin-wolf-arrest-plea-deal-gay-porn/

Here’s a story on the latest update on AW I could find. 

I don't agree or at least understand one part of that article. It says there has been no grand jury indictment. That 100% can't be true. You can't be brought into court and be read charges and enter a plea without a grand jury indictment. Federal cases take a very long time. The continuances are due to the case not being ready to go to trial based on either still gathering evidence, still negotiating a plea, etc.

Edited by BuffaloKyle
Posted (edited)

My uninformed armchair take: Arrested/charged based on an information or complaint submitted by the prosecutor, in which probable cause is satisfied based on the FBI’s submitted investigative affidavit-type material. Likely held based on societal safety and flight risk. What is postponed to date is a preliminary hearing where the judge determines probable cause OR a grand jury indictment satisfies that step in order to proceed to trial. I don’t think an indictment is always necessitated. Plea bargaining suggests that some degree of culpability is acknowledged with a view to circumventing a trial and jumping to sentencing based on the criminal guilt agreed upon and other mitigating factors such as informant role cooperation. 

Edited by SirBillybob
Posted
13 hours ago, BuffaloKyle said:

I don't agree or at least understand one part of that article. It says there has been no grand jury indictment. That 100% can't be true. You can't be brought into court and be read charges and enter a plea without a grand jury indictment. Federal cases take a very long time. The continuances are due to the case not being ready to go to trial based on either still gathering evidence, still negotiating a plea, etc.

A Federal criminal case can begin one of two ways – with the filing of a criminal complaint or of an indictment. A criminal complaint is a document prepared by the US Attorney’s office in conjunction with the law enforcement agency that investigated the case (FBI, IRS, Secret Service, etc.). It is presented to a Federal Magistrate Judge who determines if there is probable cause to know that a Federal crime was committed and that the person charged committed it. A person can’t be convicted solely based upon a criminal complaint. It is just a placeholder, allowing the government to begin a criminal case. Once it is filed and the defendant becomes aware of it, the government has 30 days to present the case to a Grand Jury for an indictment to enable the case to move forward. See Federal Rules of Criminal Procedure, Rules 3-9.

https://www.new-york-lawyers.org/understanding-the-federal-court-process-from-complaint-indictmen.html

Posted (edited)

The same ADA prosecutor was assigned in April to the case of the fellow charged at that time and ostensibly the person that informed on Smith, assigned a public defender. If she is still prosecuting both cases I assume they are tied together. Just my speculation but if her trial prosecution of Smith were to be strengthened by the sworn testimony of that fellow in which he corroborates the FBI affidavit I would think it all hinges on the ongoing status of that case. Isn’t one implication for that fellow that he potentially self-incriminates by testifying on the stand?  Therefore, his plea position is relevant, no? And both defendants seeking downward sentencing variance. I would think that a grand jury indictment step would depend on evidence based on that fellow’s formal sworn testimony before the grand jurors, if indeed the grand jury step allows for witnesses beyond the prosecutorial arguments put forward to that jury. I assume that the grand jury process requires that the prosecution lay out all evidence and all sources of testimony that would occur in trial. If a primary witness is incarcerated his capacity to make it to trial testimony and survive, as a detention abuse target, the duration elapsed is also a factor. He endures the dual labels of pedophile and snitch. With that fellow’s case possibly resting on testimony of those charged and having informed on him early in 2024, systemic gridlock comes to mind as a variable that in part explains delays and continued postponement. A development within any part of the web will inevitably resonate with other web areas. 

Edited by SirBillybob
Posted
41 minutes ago, SirBillybob said:

I stand corrected. I’m not American. I erroneously word-saladed Assistant with SDistrictNY.  

This is probably more info than you want, but:

At the federal level , the prosecutors are the U.S. Attorneys.  There is one in each federal court district (each state has somewhere between one and four, depending on population size).  His/her Assistant U.S. Attorneys are known as AUSAs.

At the state level, the prosecutors are either chosen on a county basis or on a district basis.  In most states, they are called either District Attorneys or State's Attorneys, although some are called by other titles (see:  https://en.wikipedia.org/wiki/District_attorney).  In states where they are called DA's, like New York, the assistants are ADA's.  If they are State's Attorneys, such as in Illinois, then they are ASA's, etc.

Posted
26 minutes ago, dutchal said:

This is probably more info than you want, but:

At the federal level , the prosecutors are the U.S. Attorneys.  There is one in each federal court district (each state has somewhere between one and four, depending on population size).  His/her Assistant U.S. Attorneys are known as AUSAs.

At the state level, the prosecutors are either chosen on a county basis or on a district basis.  In most states, they are called either District Attorneys or State's Attorneys, although some are called by other titles (see:  https://en.wikipedia.org/wiki/District_attorney).  In states where they are called DA's, like New York, the assistants are ADA's.  If they are State's Attorneys, such as in Illinois, then they are ASA's, etc.

Yes.

  • 4 weeks later...
Posted
9 hours ago, caliguy said:

Jesus. I thought it only went so far as downloading child porn which is bad enough. It looks like he was actively making the porn himself. 

Yes, the government's allegations are quite disturbing, including prepubescent victims.  Maybe the defense attorney is competent (I'm not a lawyer), but I didn't find his arguments compelling (nor did the judge, obviously).

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